Trademark Assignment means transferring the ownership of your trademark to another person. This person may either be an individual or even a business. The person who assigns the trademark is known as the assignor and the person who receives it is known as the assignee.
PocketLawyer is India's leading platform for Patent, Trademark and Copyright Registration services. We make the process of Trademark Assignment easy and hassle-free for you. In addition to Trademark Assignment, PocketLawyer can also help you with Trademark Registration, Copyright Registration, Design Registration, Patent Registration and more.
Types of Trademark Assignment
There are four most common forms of Trademark assignment.
- Complete Assignment: Here, the assignor transfers all rights in the trademark to the assignee. This means that after the assignment, assignor keeps no rights with himself. Some such rights are further transfer, royalties etc.
- Partial Assignment: This type of assignment is confined to a specific product or service only. For instance, a chocolate and coffee seller assigns trademark only in respect of the chocolate business.
- Assignment with Goodwill: It means that the assignee can use the trademark in connection with the assignor’s product. For instance, if the assignor makes Chocolates, then the assignee can use the trademark in respect of chocolates as well as other goods.
- Assignment without Goodwill: This means that the assignee cannot use the trademark in connection with assignor's product. Hence, in the above case, assignee will be able to use the trademark in respect of all products except chocolates.
Documents for Trademark Assignment
For seamless assignment procedure, you need the below details and documents.
- Assignment deed.
- Name of the Assignor. However, you need to make sure that it matches the name in Trademark Register.
- Geographical area for which the trademark is valid.
- Effective date of assignment.
- Consideration for assignment which must be in specific terms.
- The mark that the assignor wants to assign.
- Whether the assignment is with Goodwill or without it.
Fee for Trademark Assignment
The government fee starts from Rs. 5,000 and the professional fee starts from Rs. 1500.
Timeline for Assignment of Trademark
We will file the appropriate forms along with all the documents within 2-3 business days. But the processing time will vary as per government procedure.
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